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other landscaping plans be evaluated by the City Forester, and then be subject to the review and approval of <br />the Planning and Design Commission, prior to the issuance of said tree removal permit. <br />4) The applicant has fully complied with the Tree Preservation and Replacement Program, including the <br />payment of any applicable fees, prior to the issuance of a tree removal permit. <br />(Ord. 2016-116. Passed 11-15-16.) <br />950.04 PROTECTION OF TREES. <br />Except as authorized by permit issued by the City Forester: <br />(a) In the erection, alteration or repair of any building, structure or other work, the owner, his agent or <br />individual contractor shall take all measures necessary to prevent injury to public, commercial and multi- <br />family residential trees. <br />(b) No person shall deposit, place, store or maintain upon any treelawn or public, commercial or multi- <br />family residential place any stone, brick, sand, concrete or other materials which may impede the free <br />passage of water, air or nutrients to the roots of any public, commercial or multi -family residential tree. <br />(c) No person shall intentionally damage, cut, carve, transplant or remove any public, commercial or <br />multi -family residential tree; attach a rope, wire, nails, advertising, poster or other devices to any public, <br />commercial or multi -family residential tree; allow any gaseous, liquid or solid substance which is harmful <br />to such public, commercial or multi -family residential trees to come in contact with them; or set fire or <br />permit any fire to bum when such fire or the heat thereof will injure any portion of any public, commercial <br />or multi -family residential tree. <br />(Ord. 85-138. Passed 1-21-86.) <br />950.05 APPEALS. <br />Any person affected by any order or decision of the City Forester pursuant to this chapter may request <br />and shall be granted a hearing before the Service Director. Such appeal shall be requested in writing within <br />ten days of the date of ruling. The Service Director shall have the power to reverse or affirm in whole or in <br />part, or modify such order or decision when, upon appeal, it clearly appears: <br />(a) That the order or decision is not consistent with the provisions of this chapter; or <br />(b) That by reason of special condition, undue hardship shall result from a literal application of the <br />provision of this chapter. <br />(Ord. 85-138. Passed 1-21-86.) <br />950.99 PENALTY. <br />Whoever violates or fails to comply with any provision of this chapter shall be fined not less than fifty <br />dollars ($50.00), nor more than five thousand dollars ($5,000). This fine shall reflect the damage done by <br />the person convicted. Such fines shall be paid into a fund established by the Director of Finance for that <br />purpose and used solely for the purpose of enhancing the urban forest. <br />(Ord. 85-138. Passed 1-21-86.) <br />